A fresh appeal has been filed in the Supreme Court of India to dismiss the Board of Control for Cricket in India application seeking permission to amend the BCCI constitution.
Applicant Naresh H Makani, claiming to be the secretary of the Cricket Association of Jharkhand and life member of the Jharkhand State Cricket Association, has pleaded that the BCCI application should be dismissed on the ground that it has not been filed by the competent authority.
The BCCI treasurer Arun Dhumal has sought permission from the SC to amend the board constitution. Thereby paving the way for president Sourav Ganguly and secretary Jay Shah to complete full three-year terms in their respective positions on the board. The duo has completed their tenures as per the present BCCI constitution, which makes it mandatory for elected representatives to sever a three-year cooling-off period after completing two successive terms or six years in the BCCI, its affiliated State units or collectively in both.
Makani in his application has stated that the board constitution does not empower the treasure to move any such application.
“A bare perusal of the constitution of the BCCI along with its memorandum makes it abundantly clear that no such power vests with the treasurer to move any such application before any court of law. The said power vests with the secretary of the BCCI, and in his absence, any such application could have only been moved and or filed by the joint secretary of the BCCI. In light whereof, the application seeking an extension, under consideration before this Hon’ble Court is liable to be dismissed with exemplary costs as it 1s,” states the intervening application moved by the whistle-blower.
He further claimed that both Ganguly and Shah “occupying the BCCI offices illegally”.
“The tenure of the President and Secretary of the BCCI already stands completed. Without any extension having been granted in their favour by this Hon’ble Court, the President and Secretary of the BCCI are currently illegally Occupying the said positions, and taking decisions which are absolutely detrimental to the game of cricket in the entire country,” reads the application, which will only gain significance after the SC agrees to entertain it.
He further alleged in the application that “the BCCI, with a view to merely make money, is risking the lives of numerous cricketers by organising the IPL in the United Arab Emirates. The entire decision qua organizing the IPL outside India was taken by the President and Secretary after the expiry of their terms of office, thus making the said decision bad in law inasmuch as they did not have the power to make any such decision”.
The applicant has alleged that the “application seeking an extension of tenure has been filed by Mr. Dhumal who is not authorized to do so, thus rendering the application as bad under law.”
He has prayed that the court considers the instant civil appeal at the earliest, and pass appropriate orders regarding elections of the office-bearers of the BCCI.